REPORT OF THE COMMITTEE ON FINANCE

 

Public Hearing

 

October 3, 2007

 

The Honorable,

The Board of Commissioners of Cook County

ATTENDANCE

 

Present:

Chairman Daley, Vice Chairman Sims, Commissioners Beavers, Butler, Claypool, Collins, Gorman, Goslin, Maldonado, Moreno, Murphy, Peraica, Schneider, Silvestri and Steele (15)

 

Absent:

President Stroger and Commissioners Quigley and Suffredin (2)

 

Also Present:

Donald Wlodarski – Commissioner, Department of Building and Zoning; and Barbara Bruno – Director, Cook County Department of Revenue

 

Court Reporter:     Anthony W. Lisanti, C.S.R.

 

Ladies and Gentlemen:

 

 

 

        Your Committee has considered the following items and upon adoption of this report, the recommendations are as follows:

 

289086

AMENDMENT TO THE DUPLICATE TAX BILL FEE ORDINANCE (PROPOSED ORDINANCE AMENDMENT).  Transmitting a Communication, dated August 17, 2007 from Maria Pappas, County Treasurer:

 

respectfully submitting the following ordinance entitled, “Amendment to the Duplicate Tax Bill Ordinance,” for the September 6, 2007 Board meeting.

 

Submitting a Proposed Ordinance Amendment sponsored by

 

TODD H. STROGER, President, Cook County Board of Commissioners

Co-Sponsored by

WILLIAM M. BEAVERS, JERRY BUTLER, FORREST CLAYPOOL, JOHN P. DALEY, ELIZABETH “LIZ” DOODY GORMAN, GREGG GOSLIN, ROBERTO MALDONADO, JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY, ANTHONY J. PERAICA, MIKE QUIGLEY, TIMOTHY O. SCHNEIDER, PETER N. SILVESTRI, DEBORAH SIMS, ROBERT B. STEELE and LARRY SUFFREDIN, County Commissioners

 

PROPOSED ORDINANCE AMENDMENT

 

AMENDMENT TO THE DUPLICATE TAX BILL FEE ORDINANCE

 

WHEREAS, the Treasurer, in her capacity as County Collector, desires to clarify the procedures for providing copies of Duplicate Tax Bills, as authorized by the Property Tax Code, 35 ILCS 200/20-12.

 

BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 74 Taxation, Article II Real Property Taxation, Division 1 Generally, Section 74-41 Duplicate tax bill fee of the Cook County Code is hereby amended as follows:

 

Sec. 74-41.     Duplicate tax bill fee.

 

            (a)        Definitions.  In this section:

 

                        (i)         mortgage lender means any institution, association, partnership, corporation, or person that is engaged in the business of making loans of money, or that regularly makes loans of money, or that services loans, including the collections of loans directly secured by mortgages, trust deeds in the nature of mortgages or other instruments in the nature of mortgages, which constitutes a lien upon property; and

 

                        (ii)        duplicate tax bill means a reproduction of the original tax bill as issued by the County Collector or its electronic equivalent.

 

            (b)        Fee.  The County Collector shall charge and collect from all mortgage lenders, a fee as set out in Section 32-1 for each duplicate real estate tax bill provided to any mortgage lender who is not the record owner of the subject property. The fee shall be charged and collected at the time that each duplicate tax bill is ordered provided.

 

            (c)        Tax sale automation fund.  The County Collector shall deposit all fees collected under this section into the Tax Sale Automation Fund.

 

Effective Date.  This amendment shall take effect upon adoption.

 

* Referred to the Committee on Finance on 9/06/07.

 

Commissioner Silvestri, seconded by Commissioner Butler, moved that the Ordinance Amendment (Communication Number 289086) be approved and adopted.  The motion carried unanimously.

 


 

289089

BULK PAYMENT CORRECTION FEE ORDINANCE (PROPOSED ORDINANCE).  Transmitting a Communication, dated August 17, 2007 from Maria Pappas, County Treasurer:

 

respectfully submitting the following ordinance entitled, “Bulk Payment Correction Fee Ordinance,” for the September 6, 2007 Board meeting.

 

Submitting a Proposed Ordinance sponsored by

 

TODD H. STROGER, President, Cook County Board of Commissioners

 

Co-Sponsored by

 

WILLIAM M. BEAVERS, JERRY BUTLER, FORREST CLAYPOOL, JOHN P. DALEY, ELIZABETH “LIZ” DOODY GORMAN, GREGG GOSLIN, ROBERTO MALDONADO, JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY, ANTHONY J. PERAICA, MIKE QUIGLEY, TIMOTHY O. SCHNEIDER, PETER N. SILVESTRI, DEBORAH SIMS, ROBERT B. STEELE and LARRY SUFFREDIN, County Commissioners

 

PROPOSED ORDINANCE

 

BULK PAYMENT CORRECTION FEE

 

WHEREAS, Cook County (the "County") is a home rule unit of local government pursuant to Article VII, Section 6(a) of the 1970 Illinois Constitution, and as such, may exercise any power and perform any function pertaining to its government and affairs; and

 

WHEREAS, the efficient operation of the County Treasurer’s Office pertains to the County’s government and affairs; and

 

WHEREAS, the Treasurer in her capacity as County Collector accepts bulk payment of property taxes on multiple parcels of property from a single mortgage lender or from the mortgage lender’s agent pursuant to the Tax Payment Agent (“TPA”) Program operated by her Office to promote efficiency in the tax collection process; and

 

WHEREAS, after receiving lump sum payment and the list of properties from the tax payment agent, the Treasurer undertakes the duty of crediting which tax payments made pursuant to this single transaction applies to the individual parcel of property listed in the computer tape or diskette submitted by the tax payment agent; and

 

WHEREAS, twice yearly, the Treasurer issues approximately 1.7 million tax bills within Cook County, and annually processes approximately 100,000 refund applications; and

 

WHEREAS, due to inaccurate listing of permanent index numbers by the tax payment agent, payment of taxes is not accurately reflected upon approximately 50,000 2,000 to 70,000 4,000 properties, which requires the Treasurer to make corrections and transfer payments; and

 

WHEREAS, the Treasurer’s resources must be employed to process the high volume of payment transfers requested by tax payment agents as a result of errors from the bulk payment process.

 

NOW, THEREFORE, BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 74 Taxation, Article II Real Property Taxation, Division I Generally, Section 74-44 of the Cook County Code is hereby enacted as follows:

 

Sec. 74-44.  Bulk Payment Correction Fee.

            (a)     Definition.  In this section “tax payment agent” means:

 

         (1)     a mortgage lender as defined in Section 74-41(a), or

 

                     (2)     a mortgage lenders’ agent that pays (either directly or through an agent) property taxes in bulk on behalf of mortgage lenders or property owners upon no fewer than 5000 properties per year.

 

            (b)     Fee.  The County Collector shall charge and collect from all tax payment agents a fee of $50.00 per request for transfer or correction of tax payment per parcel of property identified by a permanent index number.

 

            (c)     Tax sale automation fund.  The County Collector shall deposit all fees collected under this section into the Tax Sale Automation Fund, as established in Section 74-40.

 

BE IT FURTHER ORDAINED, by the Cook County Board of Commissioners, that the Cook County Code, Chapter 32 Fees, Section 32-1 is hereby amended as follows:

 

Sec. 32-1.  Fee Schedule.

 

The fees or charges provided for or required by the below listed sections shall be as shown below:

Code                                                                                       Fees, Rates, Charges

Section           Description                                                                (in dollars)

 

CHAPTER 74, TAXATION

 

74-44               Bulk payment correction fee                                           $50.00

 

Effective Date.  This ordinance shall take effect upon adoption.

 

* Referred, as amended, to the Committee on Finance on 9/06/07.

Commissioner Silvestri, seconded by Commissioner Butler, moved that the Ordinance (Communication Number 289089) be approved and adopted, as amended.  The motion carried unanimously.

 

288468

AMENDMENT TO THE BILLBOARD AND OFF-PREMISES OUTDOOR ADVERTISING SIGNS ORDINANCE, COOK COUNTY CODE CHAPTER 32, SECTION 1 AND CHAPTER 114, SECTION 114-32, ANNUAL FEE FOR BILLBOARDS (PROPOSED ORDINANCE AMENDMENT).  Submitting a Proposed Ordinance Amendment sponsored by Gregg Goslin, Cook County Commissioner.

 

PROPOSED ORDINANCE AMENDMENT

 

ANNUAL FEE FOR BILLBOARDS

 

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 32 Fees, Section 32-1 Fee Schedule and Chapter 114 Signs, Section 114-32 Sign Permits of the Cook County Code are hereby amended as follows:

 

Sec. 32-1.       Fee Schedule.

 

            The fees or charges provided for or required by the below listed sections shall be as shown below:

 

                                                                                                Fees, Rates, Charges

            Code Section                    Description                                 (in dollars)

 

            CHAPTER 114, SIGNS

 

            114-32 (c)                         Annual Fee                                     $600.00

 

Sec. 114-32.   Sign Permits.

            (a)        Permit requirement.  A sign permit issued by the Bureau of Administration is required for all new and existing billboards and off-premises outdoor advertising signs as follows:

 

                        (1)        New signs.  Applications shall be made for available sign permits to the Bureau of Administration for its submittal to the Zoning and Building Committee of the County Board.

 

                        (2)        Existing nonconforming signs.  The Commissioner of Building and Zoning is authorized to cause to be removed signs which are in violation of any applicable ordinances and regulations of the County.

 

            (b)        Permit application procedures.

 

                        (1)        Applications for available sign permits shall be made to the Bureau of Administration on forms furnished by the Bureau.  All applications shall be accompanied by a fee as established by the County Board.

 

                        (2)        Applications shall include information required to assure compliance with regulations set forth in this article and with all other applicable ordinances and regulations of the County.

 

                        (3)        Applicants shall provide a bond, in a form acceptable to the Bureau of Administration, to insure that signs will be constructed, maintained and removed in accordance with this article. Bonds shall permit the County to make, or cause to be made, emergency repairs and/or removal of signs.

 

                        (4)        Sign permits shall be issued by the Bureau of Administration upon satisfaction of all requirements and the approval of the County Board. Any permit may be revoked at any time by the Bureau of Administration upon a finding that a sign violates any provision of this article, or any other applicable County ordinance or regulation, or when a permittee has made false representations in securing a sign permit.

 

            (c)        Fees.  In addition to the application fee required to obtain a sign permit, an annual fee of $600 shall be required to maintain the permit.

 

* Referred to the Committee on Finance on 7/31/07.

 

Commissioner Goslin introduced the item.  He briefly explained that the County charges a permit fee to erect a billboard, but there is no annual renewal fee charged to maintain the permit.  Under most circumstances, when a billboard is erected, it could be in place for a lifetime.

 

In response to an inquiry from Commissioner Goslin, Donald Wlodarski, Commissioner of the Department of Building and Zoning, stated that there are approximately one hundred and fifty signs in existence in unincorporated Cook County.  He added that there are annual inspections of these signs.

 

Commissioner Schneider asked whether the proposed annual fee of $600 is consistent with fees charged by municipalities for signs located in their jurisdictions.

 

Mr. Wlodarski stated that he believed it was.

 

Commissioner Goslin added that his staff had researched the question, and the proposed $600 fee is within the range of what other municipalities and counties charge.

 

Commissioner Goslin, seconded by Commissioner Schneider, moved that the Ordinance Amendment (Communication Number 288468) be approved and adopted.  The motion carried unanimously.

 


 

288469

AMENDMENT TO THE WHEEL TAX ON MOTOR VEHICLES ORDINANCE, COOK COUNTY CODE CHAPTER 74, SECTION 74-568, WHEEL TAX ON MOTOR VEHICLES LATE FEES PENALTY ORDINANCE (PROPOSED ORDINANCE AMENDMENT).  Submitting a Proposed Ordinance Amendment sponsored by Gregg Goslin, Cook County Commissioner.

 

PROPOSED ORDINANCE AMENDMENT

 

REDUCES THE EXESSIVE WHEEL TAX LATE FEE PENALTY

 

WHEREAS, under the Cook County Wheel Tax on Motor Vehicles Ordinance of the Cook County Code, 74-556, the annual Vehicle Sticker fee for passenger vehicles is $40; and

 

WHEREAS, under the present ordinance the cost of the vehicle sticker doubles to $80 for residents after July 1st; and

 

WHEREAS, a review of late fees for Cook County municipalities shows late fee penalties ranging from $10 to $15 dollars; and

 

WHEREAS, Cook County’s late fees are excessive and a hardship for many residents of the unincorporated areas; and

 

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 74, Article XIV Wheel Tax, Section 74-568 of the Cook County Code is hereby amended as follows:

 

Sec. 74-568. Penalty for ordinance violation.

 

(a)   Late fee.  Any owner as defined in Section 74-551 or 74-552 who purchases a license after July 1 or other due date as defined in Section 74-559(b) or Section 74-559(c) shall pay a late fee penalty equal to the amount due for the license fee but not less than $25.00 per license, whichever is more. Persons over age 65, physically handicapped individuals, or disabled veterans shall not be charged more than $25.00 for a late fee of $15.00.

 

* Referred to the Committee on Finance on 7/31/07.

 

Commissioner Goslin began by stating that other governmental entities who require the purchase of annual vehicle stickers charge minimal late fees for those stickers purchased after the required deadline.  It currently costs $40 to purchase a Cook County vehicle sticker, and the late fee added to this price is $40.  This essentially doubles the price of the vehicle sticker for those who purchase it late.  He has received many complaints from township clerks and supervisors regarding the steep late fee.

 

Commissioner Gorman inquired whether Commissioner Goslin believed that township clerks’ complaints would be alleviated if this proposed fee reduction was approved.

 

Commissioner Goslin responded that he believed the complaints would be minimal.

 

Barbara Bruno, Director of the Cook County Department of Revenue, spoke to the Committee on the fiscal impact of the proposed amendment.  She stated that in 2005, the County did not have a penalty structure in place, and as a result received $0 in penalties.  In 2006, the County received $487,000 in penalties.  This represents more than one quarter of the $2.1 million received as a result of the tax.  She stated that the County would lose approximately $307 thousand if the penalty decrease was passed.

 

Commissioner Goslin asked Ms. Bruno to explain the communication process used by the Department of Revenue to inform or remind residents to purchase their vehicle stickers.

 

Ms Bruno explained that the Department begins each year with a new database from the Illinois Secretary of State containing information on residents who have registered their cars at an unincorporated Cook County address.  Working with the County’s Department for Management of Information Systems, the Department of Revenue compiles a list of residents who would be required to purchase a Cook County vehicle sticker.  Applications are sent to these residents, information is posted on the Department of Revenue’s website and public service announcements are issued.  She stated that communication with the townships is continuous during the process. 

 

Commissioner Peraica expressed concern over the excessive fee currently charged to low income and senior residents.

 

Commissioner Schneider pointed out that senior residents living in unincorporated Cook County pay $5.00 for a vehicle sticker that is good for that vehicle for the rest of their lives.  He added that there was some confusion related to this that could be resolved through further communication with senior residents of unincorporated Cook County. 

 

Chairman Daley asked Ms. Bruno if township clerks were taking it upon themselves to waive the penalty for the vehicle sticker.

 

Ms. Bruno responded that one Clerk was doing so.  However, as a result of several meetings with township clerks and supervisors, there appeared to be a greater level of communication between the County and townships.

 

Commissioner Sims asked Ms. Bruno if additional methods or locations used to purchase stickers had been explored.

 

Ms. Bruno responded that this year the townships will receive the stickers for purchase by residents when the applications are mailed out, allowing for those residents to purchase in person at the township offices, rather than by mail.

 

Chairman Daley suggested that the Department of Revenue explore the possibility of selling the vehicle stickers at suburban commissioners’ offices.

 


Commissioner Goslin, seconded by Commissioner Schneider, moved that the Ordinance Amendment (Communication Number 288469) be approved and adopted.  Commissioner Peraica called for a Roll Call, the vote of yeas and nays being as follows:

 

ROLL CALL ON MOTION TO APPROVE

the ordinance amendment

 

Yeas:

Commissioners Gorman, Goslin, Peraica, Schneider and Silvestri (5)

 

Nays:

Commissioners Beavers, Butler, Claypool, Collins, Maldonado, Moreno, Murphy, Vice Chairman Sims, Commissioner Steele and Chairman Daley (10)

 

Absent:

Commissioners Quigley and Suffredin (2)

 

The motion to approve FAILED.

289088

COOK COUNTY SOLID WASTE DISPOSAL TAX (PROPOSED ORDINANCE).  Submitting a Proposed Ordinance sponsored by Joseph Mario Moreno, County Commissioner; Co-sponsored by Roberto Maldonado, County Commissioner.

 

The following is a synopsis of the Proposed Ordinance:

 

PROPOSED ORDINANCE

 

COOK COUNTY SOLID WASTE DISPOSAL TAX

 

WHEREAS, the County of Cook is a home rule unit of local government pursuant to Article VII, Section 6(a) of the 1970 Illinois Constitution; and

 

WHEREAS, the Illinois Constitution provides that home rule units may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt; and

 

WHEREAS, Illinois law (55 ILCS 5/5-1009) permits home rule units to impose "taxes not based on the selling or purchase price or gross receipts from the use, sale or purchase of tangible personal property"; and

 

WHEREAS, the Board of Commissioners has determined that a County tax not based upon the selling or purchase price or gross receipts from the use, sale or purchase thereof should be imposed upon the disposal of solid waste at any solid waste disposal facility within Cook County, as provided herein.

 

NOW, THEREFORE, BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 74 Taxation, Division 2 Classification System for Assessment, Article XV, Sections 74-580 through 74-587 of the Cook County Code are hereby enacted as follows:

 

 

ARTICLE XV.  SOLID WASTE DISPOSAL TAX

 

Sec. 74-580.   Title.

 

Sec. 74-581.   Definitions.

 

Sec. 74-582.   Tax imposed; exemptions.

 

Sec. 74-583.   Books and records.

 

Sec. 74-584.   Rule making.

 

Sec. 74-585.   Penalties.

 

Sec. 74-586.   Severability.

 

Sec. 74-587.   Cook County Waste Management Fund.

 

Effective date.  This Ordinance shall take effect and be in force upon enactment.

 

* Referred to the Committee on Finance on 9/06/07.

Commissioner Moreno, seconded by Commissioner Maldonado, moved to accept the Substitute Ordinance for Communication Number 289088.  The motion carried unanimously.

SUBSTITUTE ORDINANCE FOR COMMUNICATION NUMBER 289088

PROPOSED SUBSTITUTE ORDINANCE

 

COOK COUNTY SOLID WASTE DISPOSAL TAX

 

WHEREAS, the County of Cook is a home rule unit of local government pursuant to Article VII, Section 6(a) of the 1970 Illinois Constitution; and

 

WHEREAS, the Illinois Constitution provides that home rule units may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt; and

 

WHEREAS, Illinois law (55 ILCS 5/5-1009) permits home rule units to impose "taxes not based on the selling or purchase price or gross receipts from the use, sale or purchase of tangible personal property"; and

 

WHEREAS, the Board of Commissioners has determined that a County tax not based upon the selling or purchase price or gross receipts from the use, sale or purchase thereof should be imposed upon the disposal of solid waste at any solid waste disposal facility within Cook County, as provided herein.

NOW, THEREFORE, BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 74, Article XV, Sections 74-580 through 74-587 of the Cook County Code is hereby enacted as follows:

 

ARTICLE XV.  SOLID WASTE DISPOSAL TAX

Sec. 74-580.   Title.

 

            This Ordinance shall be known and may be cited as the "Cook County Solid Waste Disposal Tax". The tax herein imposed is in addition to all other taxes imposed by the County of Cook, the State of Illinois or any municipal corporation or political subdivision thereof.

 

Sec. 74-581.   Definitions.

 

 

            Solid Waste means any discarded or abandoned material in solid, semisolid, liquid or contained gaseous form, including, but not limited to, industrial process waste, hazardous waste, municipal waste, special waste, garbage, sludge from a waste treatment plant, water supply treatment plant, an air pollution control facility, but excludes:

 

            (1)    Sewage collected and treated in a municipal or regional sewage system; or

 

            (2)    Recyclable materials managed in compliance with applicable ordinances of the County of Cook.

 

            The terms industrial process waste; hazardous waste; municipal waste; special waste; garbage; and sludge shall have the meanings ascribed to them in Section 513 of the Illinois Environmental Protection Act (415 ILCS 513.0 1-3.94 inclusive).

 

            Department means the Department of Revenue in the Bureau of Finance of Cook County.

 

            Person means any natural individual or entity recognized by law as the subject of rights and duties.

 

            Transfer Station means a site or facility that accepts waste for temporary storage or consolidation and further transfer to a waste disposal, treatment or storage facility. "Transfer station" includes a site where waste is transferred from (1) a rail carrier to a motor vehicle or water carrier; (2) a water carrier to a rail carrier or motor vehicle; (3) a motor vehicle to a rail carrier, water carrier or motor vehicle; (4) a rail carrier to a rail carrier, if the waste is removed from a rail car; or (5) a water carrier to a water carrier, if the waste is removed from a vessel.  "Transfer station" does not include (i) a site where waste is not removed from the transfer container, or (ii) a site that accepts or receives open top units containing only clean construction and demolition debris, or (iii) a site that stores waste on a refuse motor vehicle or in the vehicle's detachable refuse receptacle for no more than 24 hours, excluding Saturdays, Sundays, and holidays, but only if the detachable refuse receptacle is completely covered or enclosed and is stored on the same site as the refuse motor vehicle that transported the receptacle to the site.

 


Sec. 74-582.   Tax imposed; exemptions.

 

            Effective as of and commencing on the effective date of this Ordinance, a tax, in addition to any and all other taxes, is imposed upon the acceptance of Solid Waste at any transfer station and the disposal of Solid Waste at any solid waste disposal facility within the County of Cook. Liability for the payment of the' tax shall be upon the owner or operator of each solid waste transfer station or disposal facility, who shall pay the tax pursuant to the following schedule:

 

            (a)        60 cent(s) per ton if more than 50,000 tons of non-hazardous solid waste is temporarily accepted or permanently disposed of at the site in a calendar year, unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Weights and Measures Act [225 ILCS 470/1 et seq.], in which case the fee shall not exceed $ 1.27 per ton of solid waste permanently disposed of.

 

            (b)        $33,350 if more than 33,333 tons, but not more than 50,000 tons, of non-hazardous waste is temporarily accepted or permanently disposed of at the site in a calendar year.

 

            (c)        $15,500 if more than 16,666 tons, but not more than 33,333 tons, of non-hazardous solid waste is temporarily accepted or permanently disposed of at the site in a calendar year.

 

            (d)        $4,650 if more than 3,333 tons, but not more than 16,666 tons, of non-hazardous solid waste is temporarily accepted or permanently disposed of at the site in a calendar year.

 

            (e)        $650 if not more than 3,333 tons of non-hazardous solid waste is temporarily accepted or permanently disposed of at the site in a calendar year.

 

            The temporary acceptance or permanent disposal or transport of Solid Waste which meets the criteria set forth in 415 ILCS 51/22.16, 5/22.16(a)a or 5/22.15(k) (2007) shall be exempt from the tax imposed herein, except that the tax imposed herein shall be applicable to the permanent disposal of Solid Waste under any contract lawfully executed before June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons) of Solid Waste is to be permanently disposed of, even though the waste is exempt from the fee imposed by the State of Illinois under 415 ILCS 5/22.15(b) pursuant to an exemption granted under 4 15 ILCS 51/22.16.

 

Sec. 74-583.   Books and records.

 

            Every owner or operator of a solid waste transfer station or disposal facility located within Cook County shall maintain complete and accurate books, records and accounts showing the quantity of Solid Waste deposited at the facility during each calendar year. Such books, records and accounts shall be made available to the Department for examination and for audit by the Department upon reasonable notice and during normal business hours.

 

Sec. 74-584.   Rule making.

 

            The Department may prescribe reasonable rules, definitions, and regulations not inconsistent with this Ordinance necessary to carry out the duties imposed upon it by this Ordinance, including, but not limited to, reasonable procedures relating to the collection of the tax imposed by this ordinance.

 


Sec. 74-585.   Penalties.

 

            Any violation of this Ordinance shall be punishable by a fine of not less than $100.00 and not more than $1,000.00 or imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Criminal prosecutions pursuant to this Ordinance shall in no way bar the right of Cook County to institute civil proceedings to recover delinquent taxes, interest and penalties due and owing, as well as costs incurred for such proceeding. Civil penalties and interest assessed pursuant to this Ordinance shall be computed at the rate provided by the Cook County Uniform Penalty, Interest and Procedures Ordinance.

 

Sec. 74-586.   Severability.

 

            If any one or more of the provisions of this Ordinance is declared unconstitutional or the application thereof is held invalid, the validity of the remainder of this Ordinance and the application of such provisions to other persons and circumstances shall not be affected thereby.

 

Sec. 74-587.   Cook County Waste Management Fund.

 

            There is hereby created the Cook County Waste Management Fund.  Ten percent of the taxes collected pursuant to the Cook County Solid Waste Disposal Tax Ordinance shall be deposited in the Cook County Waste Management Fund and shall be expended only for Waste Management purposes, including long-term monitoring and maintenance of transfer stations, planning, implementation, inspection, enforcement, operational expenses for personnel, equipment procurement and other activities consistent with the Illinois Solid Waste Management Act.

 

            The Cook County Board of Commissioners and the Environmental Control Committee shall determine how the funds are spent.  It is the intent of this Board that there is a priority protocol, which shall be followed in expending these funds.  The priority protocol shall apply, without ranking, to the following:

 

            1.     For funding an inspection program for waste disposal facilities within Cook County (and all litigation related thereto that may arise from time-to-time);

 

            2.     For funding the updating of the Cook County Solid Waste Plan on a five year interval as mandated by the Illinois Environmental Protection Agency;

 

            3.     For the funding of performance based contracts and the associated fees to conduct waste and recycling audits;

 

            4.     For the funding of the activities as designated by the Cook County Solid Waste Management Coordinating Committee in an effort to initiate a comprehensive waste management plan for all of suburban Cook County and its residents;

            5.     For funding other waste management purposes as designated in the Waste Fee Ordinance.

 

 

Sec. 74-588.   Effective date.

 

            This Ordinance shall take effect and be in force upon enactment.

 

Commissioner Moreno explained that he will defer this item based upon the nature of the substantive changes made throughout the Substitute Ordinance.  It is his intention to defer so that all parties will have the opportunity to review the proposed Substitute Ordinance.

 

Chairman Daley acknowledged the presence of a number of public speakers who were interested in testifying on the proposed Ordinance, and asked whether any would care to testify today.  He also stated for the record that there would be another public hearing held for this item, at which public speakers would be allowed to testify.

 

There were no registered public speakers present who wished to testify.

 

Commissioner Moreno, seconded by Commissioner Maldonado, moved to defer consideration of the proposed Substitute Ordinance (Communication Number 289088).  Commissioner Peraica called for a Roll Call, the vote of yeas and nays being as follows:

 

ROLL CALL ON MOTION TO Defer

the Proposed substitute ordinance

 

Yeas:

Commissioners Beavers, Butler, Claypool, Collins, Maldonado, Moreno, Murphy, Vice Chairman Sims, Commissioner Steele and Chairman Daley (10)

 

Nay:

Commissioners Gorman, Goslin, Peraica and Schneider (4)

 

Absent:

Commissioners Quigley, Silvestri and Suffredin (3)

 

The motion to defer the proposed Substitute Ordinance CARRIED.

289095

PROPERTY TAX RELIEF ORDINANCE (PROPOSED ORDINANCE).  Submitting a Proposed Ordinance sponsored by Joseph Mario Moreno, County Commissioner.

 

The following is a synopsis of the Proposed Ordinance:

 

PROPOSED ORDINANCE

 

PROPERTY TAX RELIEF ORDINANCE

 

WHEREAS, the County finds that alternative and new sources of revenue are required to fund the operations and services of the County; and

 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF COOK COUNTY, ILLINOIS, that the County “Sales Tax,” consisting of the County’s Retailers’ Occupation Tax and the Service Occupation Tax, is hereby increased from .75% (or three quarters of one penny on the dollar) to 3% (or three pennies on the dollar); and

 

BE IT FURTHER ORDAINED, that Section 1 of Ordinances 92-O-26 and 92-O-27, respectively, are hereby amended to reflect the taxation rate of 3% in place of the current stated taxation rate of “3/4%”; and

 

BE IT FURTHER ORDAINED, that the increase in both the County’s Retailers’ Occupation Tax and the Service Occupation Tax shall increase according to the following phased schedule:  1) commencing on January 1, 2008, the County’s Retailers’ Occupation Tax and the Service Occupation Tax shall increase from .75% to 1.5%; 2) commencing on January 1, 2009, the County’s Retailers’ Occupation Tax and the Service Occupation Tax shall increase from 1.5% to 2.25%; and, 3) commencing on January 1, 2010, the County’s Retailers’ Occupation Tax and the Service Occupation Tax shall increase from 2.25% to 3%; and

 

BE IT FURTHER ORDAINED, that the County Department of Revenue, consistent with the provisions of the Counties Code, the State of Illinois Home Rule County Retailers’ Occupation Tax Law (55 ILCS 5/5-1006), and the State of Illinois Service Occupation Tax Law (55 ILCS 5/5-1007), is to provide the State of Illinois with notice of the increases in the County’s Retailers’ Occupation Tax and the Service Occupation Tax according to the following schedule:  1) for the increase commencing on January 1, 2008, notice shall be given prior to October 1, 2007; 2) for the increase commencing on January 1, 2009, notice shall be given prior to October 1, 2008; and, 3) for the increase commencing on January 1, 2010, notice shall be given prior to October 1, 2009; and

 

BE IT FURTHER ORDAINED, that the County Real Estate Property Tax is hereby eliminated based upon the following phased schedule: 1) commencing on January 1, 2008, the real property tax levy shall decrease by one-third (1/3) of the real property tax levy existing on December 31, 2007; 2) commencing on January 1, 2009, the real property tax levy shall decrease by two-thirds (2/3) of the real property tax levy existing on December 31, 2007; and, 3) commencing on January 1, 2010, the real property tax levy shall decrease by three-thirds (3/3) of the real property tax levy existing on December 31, 2007, thereby providing real and permanent property tax relief; and

BE IT FURTHER ORDAINED, that this Property Tax Relief Ordinance shall be effective upon passage.

 

* Referred to the Finance Committee on 9/06/07.

Commissioner Moreno, seconded by Commissioner Maldonado, moved to defer consideration of the proposed Ordinance (Communication Number 289095).  The motion carried unanimously.

 

Commissioner Butler, seconded by Vice Chairman Sims, moved to adjourn the meeting.  The motion carried and the meeting was adjourned.

 


YOUR COMMITTEE RECOMMENDS THE FOLLOWING ACTION

WITH REGARD TO THE MATTERS NAMED HEREIN:

 

Communication Number 289086                                                 Approved

Communication Number 289089                                                 Approved

Communication Number 288468                                                 Approved

Communication Number 288469                                                 Not Recommended for Approval

Communication Number 289088                                                 Substitute Ordinance Deferred

Communication Number 289095                                                 Deferred

 

 

 

 

Respectfully submitted,

Committee on Finance

 

 

 

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John P. Daley, Chairman

 

 

Attest:

 

 

 

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Matthew B. DeLeon, Secretary

 

 

 

The transcript for this meeting is available in the Office of the Secretary to the Board, 118 North Clark Street, Room 567, Chicago, IL  60602.